[2024] KEHC 6345 (KLR)

[2024] KEHC 6345 (KLR)

The court found that the applicant had presented a meritorious application for leave to appeal out of time. Upon considering the application and the supporting affidavit, the court was satisfied that sufficient cause had been demonstrated to warrant the exercise of its discretion in favour of the applicant....

Source-derived case information.

Citation
[2024] KEHC 6345 (KLR)
Parties
Applicant: Josephat Omato Onditi; Respondent: Republic
Court
High Court
Court Station
High Court at Kibera
Jurisdiction
Kenya
Case Number
Miscellaneous Criminal Application E046 of 2024
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Leave to Appeal Out of Time
Outcome
Application allowed. Leave to appeal out of time granted.
Judges
DR Kavedza
Legal Topics
Leave to Appeal Out of Time, Extension of Time, Criminal Appeals
Source Language
en
Criminal Law Leave to Appeal Out of Time Extension of Time Criminal Appeals

Source-derived case record

Summary, issues, holding and outcome

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Parties

Josephat Omato Onditi

Applicant

Republic

Respondent

Procedural Posture

Miscellaneous Criminal Application / Ruling on Application for Leave to Appeal Out of Time

Legal Issues

  1. 1 Whether the applicant should be granted leave to file an appeal out of time.

Ratio Decidendi

The court found that the applicant had presented a meritorious application for leave to appeal out of time. Upon considering the application and the supporting affidavit, the court was satisfied that sufficient cause had been demonstrated to warrant the exercise of its discretion in favour of the applicant. Accordingly, the court granted the applicant leave to file the appeal out of time within 14 days from the date of the ruling.

Court Disposition

Application allowed. Leave to appeal out of time granted.

Orders

  • The applicant is hereby granted leave to file their appeal out of time within 14 days from the date hereof.
  • File closed.